Dáil debates

Tuesday, 8 October 2013

3:40 pm

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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69. To ask the Minister for Education and Skills if he will identify the schools that will be eligible to apply for a derogation pursuant to regulation 15 of the Education Acts 1998 and 2013, Admission Policies of Schools and Related Matters Regulations 2013 (Draft Regulations Content of Policy); if the regulations will be commenced in the current academic year; if he will provide any statistical or other analysis that his Department carried out when drafting the regulations, and to provide a geographical and socioeconomic analysis of the potential effect of these regulations, in particular regarding the operation of Regulation 15 ​as recommended by the Irish Traveller Movement. [42202/13]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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As the Deputy will be aware, I recently published the draft general scheme of the education (admission to schools) Bill 2013, as well as draft regulations for discussion ahead of enacting legislation. As these proposals have been published in draft form, they will be subject to a great deal of detailed scrutiny before becoming law. I have referred the draft proposals to the Joint Committee on Education and Social Protection to allow a full and comprehensive public discussion of the proposed legislative framework, including inputs from parents, education partners and other stakeholders. I hope the committee will give the draft proposals early consideration so we can proceed to the next stage of legislation as soon as possible. I will reflect carefully on the views expressed in the consultation process to ensure they strike the right balance between school autonomy and fairness in our education system.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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I welcome the Minister's comments. A number of cases have been taken. A high-profile case taken by a member of the Traveller community was initially upheld by the Equality Tribunal before unfortunately being overturned by the High Court. There are some concerns about the operation in practice of the rule that gives one an automatic right to attend a school if one's father or mother attended that school. Under the regulations being considered, no more than 25% of places can be allocated in such a manner. The number of all-Irish post-primary schools in my constituency that can be accessed by students who wish to be educated through the medium of Irish is limited. If up to 25% of places in a school are reserved for students whose parents have previously attended that school, it could indirectly lead to discrimination against students who may wish to be educated through the medium of Irish. I look forward to discussing the heads of the Bill mentioned by the Minister. I hope he will take on board the concerns I have expressed, particularly as they relate to schools in built-up urban areas where access and choices could be very limited for students.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I welcome the Deputy's comments and I share some of his concerns. Our present system works very well for 80% of the 4,000 schools. In 20% of cases, parents simply cannot get their children into primary or post-primary schools unless they put their names down soon after birth. The Deputy is aware of this problem in his constituency and other urban areas. The proposals were drafted in the Department. That process was commenced in the Department in 2009 in response to the Department's experience of section 29 appeals to what was happening. I published the proposals in draft form for discussion in June 2011. They were the subject of lengthy consultation. We considered the responses of the many people who got involved in that process. We received legal advice on the type of primary legislation we would have to enact before we could specify the regulations. I would like the joint committee to have a full, frank and open debate on this matter. I look forward to the committee taking submissions from the various stakeholders and consequently making recommendations to the Department. The Minister of State, Deputy Cannon, and I are open to change. We want to see whether we need to change some of the provisions of the draft legislation. We are open to the committee making a case for tweaking what we have published - it could be changed by adding to it or subtracting from it - and we will proceed with the legislation thereafter. We need to introduce legislation in this area. I urge the members of the joint committee to move as quickly as they can on this matter.